§22-14-15. Civil penalties and injunctive relief.
(a) Any person who violates any provision of this article, any
certificate of approval or any rule, notice or order issued
pursuant to this article is subject to a civil administrative
penalty, to be levied by the secretary, of not more than five
thousand dollars for each day the violation continues, not to
exceed a maximum of twenty thousand dollars. In assessing any
penalty, the secretary shall take into account the seriousness of
the violation and any good faith efforts to comply with applicable
requirements as well as any other appropriate factors as may be
established by rules proposed by the secretary for legislative
approval pursuant to article three, chapter twenty-nine-a of this
code. No assessment may be levied pursuant to this subsection
until after the alleged violator has been notified by certified
mail or personal service. The notice shall include a reference to
the section of the statute, rule, notice, order or statement of the
certificate of approval's terms that was allegedly violated, a
concise statement of the facts alleged to constitute the violation,
a statement of the amount of the civil administrative penalty to be
imposed and a statement of the alleged violator's right to an
informal hearing. The alleged violator has twenty calendar days
from receipt of the notice within which to deliver to the secretary
a written request for an informal hearing. If no hearing is
requested, the notice becomes a final order after the expiration
date of the twenty-day period. If a hearing is requested, the secretary shall inform the alleged violator of the time and place
of the hearing. Within thirty days following the informal hearing,
the secretary shall issue and furnish to the violator a written
decision, and the reasons for the decision, concerning the
assessment of a civil administrative penalty. The authority to
levy a civil administrative penalty is in addition to all other
enforcement provisions of this article and the payment of any
assessment does not affect the availability of any other
enforcement provision in connection with the violation for which
the assessment is levied: Provided, That no combination of
assessments against a violator shall exceed twenty thousand dollars
per day of each violation: Provided, however, That any violation
for which the violator has paid a civil administrative penalty
assessed under this subsection is not subject to a separate civil
penalty action under this article to the extent of the amount of
the civil administrative penalty paid. Civil administrative
penalties shall be levied in accordance with the rules promulgated
under the authority of section four of this article. The net
proceeds of assessments collected pursuant to this subsection shall
be deposited in the dam safety fund established pursuant to section
eighteen of this article. Any person adversely affected by the
assessment of a civil administrative penalty has the right to
appeal to the Environmental Quality Board pursuant to the
provisions of article one, chapter twenty-two-b of this code.

(b) No assessment levied pursuant to subsection (a) of this section is due and payable until the procedures for review of the
assessment as set out in said subsection have been completed.

(c) Any person who violates any provision of any certificate
issued under or subject to the provisions of this article is
subject to a civil penalty not to exceed twenty-five thousand
dollars per day of the violation and any person who violates any
provision of this article or of any rule or who violates any
standard or order promulgated or made and entered under the
provisions of this article is subject to a civil penalty not to
exceed twenty-five thousand dollars per day of the violation. The
civil penalty may be imposed and collected only by a civil action
instituted by the secretary in the circuit court of Kanawha County
or in the county in which the violation or noncompliance exists or
is taking place.

Upon application by the secretary, the circuit courts of this
state or the judges thereof in vacation may by injunction compel
compliance with and enjoin violations of the provisions of this
article and rules proposed in accordance with section four of this
article, the terms and conditions of any certificate of approval
granted under the provisions of this article or any order of the
secretary or Environmental Quality Board and the venue of any
action shall be in the circuit court of Kanawha County or in the
county in which the violation or noncompliance exists or is taking
place. The court or the judge thereof in vacation may issue a
temporary or preliminary injunction in any case pending a decision on the merits of any injunctive application filed. In seeking an
injunction, it is not necessary for the secretary to post bond or
to allege or prove at any stage of the proceeding that irreparable
damage will occur if the injunction is not issued or that the
remedy at law is inadequate. An application for injunctive relief
or a civil penalty action under this section may be filed and
relief granted notwithstanding the fact that all administrative
remedies provided in this article have not been exhausted or
invoked against the person or persons against whom the relief is
sought.

The judgment of the circuit court upon any application filed
or in any civil action instituted under the provisions of this
section is final unless reversed, vacated or modified on appeal to
the Supreme Court of Appeals. An appeal shall be sought in the
manner provided by law for appeals from circuit courts in other
civil cases, except that the petition seeking review of an order in
any injunction proceeding must be filed with the Supreme Court of
Appeals within ninety days from the date of entry of the judgment
of the circuit court.

(d) Upon request of the secretary, the Attorney General or the
prosecuting attorney of the county in which the violation occurs
shall assist the secretary in any civil action under this section.

(e) In any action brought pursuant to the provisions of this
section, the state or any agency of the state which prevails may be
awarded costs and reasonable attorney's fees.